Twist in Brittany Higgins rape trial, as she’s absent for a fourth day
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Evidence in the rape trial against Brittany Higgins’ former colleague, Bruce Lehrmann, could end as early as Tuesday, as the alleged victim will return to the witness stand tomorrow for cross-examination.
Lehrmann is charged with sexual intercourse without consent and is on trial in the ACT Supreme Court.
He pleaded innocent and denies any sexual interaction with Ms. Higgins.
The trial was originally set on a four- to six-week timeline, but Chief Justice Lucy McCallum told the jury on Thursday that cases are ahead of schedule.
“We are on track to be ready on Tuesday,” she told the court.
The prosecution is expected to hold their closing arguments next week.
Ms Higgins has been absent for four days so far – half of the criminal trial – but she returns Friday to undergo ongoing cross-examination by Lehrmann’s lawyer Steven Whybrow.
Brittany Higgins (pictured outside ACT Supreme Court) absent from her rape case for fourth day
The trial has continued in the absence of Mrs Higgins and the Crown has called other witnesses.
The court has withheld the publication of any evidence from other witnesses until Ms. Higgins has completed her evidence.
Last week Ms Higgins was in tears when questioned by Mr Whybrow.
He asked why she didn’t hand over her phone to the police on first request, and about the $325,000 book deal she got — with the help of Lisa Wilkinson’s husband, Peter FitzSimons.
The court heard that FitzSimons suggested she write a biography of her experiences – in which Ms. Higgins told them she had already started drafting chapters before making an official statement to the police.
Ms Higgins alleges Bruce Lehrmann (pictured outside the court) sexually assaulted her in Parliament House
Mr Whybrow also told Ms Higgins that she pretended to have doctor’s appointments the week after the alleged attack to ‘solidify’ her story – which she vehemently denied.
Ms Higgins previously told the court that she had made multiple doctor’s appointments with the intention of going, but she couldn’t bring herself to attend them.
“I intended to do the right thing, but every time I went home, I collapsed and couldn’t get out of bed because I was so deeply depressed because I had been attacked by a colleague at work,” she told the court.
Mr Whybrow asked Mrs Higgins if she hadn’t gone to the doctor because she hadn’t had sex with anyone the night she claimed she had been raped.
Defense attorney asked about the $325,000 book deal she got — with the help of Lisa Wilkinson’s husband, Peter FitzSimons — before making a statement to police
Ms Higgins was also questioned about her delay in providing her phone to police when she reopened the complaint against Lehrmann in 2021.
She admitted to wiping the phone from some text messages and pictures of herself with liberal ministers or with alcohol, but denied trying to withhold evidence from the police.
“I wasn’t supposed to withhold things from the police, but it was sort of a purge of things from my life,” she said.
‘I didn’t want to see politicians in my film role anymore. I just wanted them gone.’
Mr Whybrow also asked why she hadn’t told anyone about the alleged attack for several days, despite having been in contact with Mr Dillaway and her father via text message.
In the lyrics, Mr. Dillaway and Mrs. Higgins made light jokes about tacos, margaritas and his recent drive from the Gold Coast in Queensland to Orange in NSW.
Brittany Higgins is pictured arriving at the ACT Supreme Court dressed in black last Thursday
The only inference Ms Higgins made about the alleged attack was when she wrote, “Haha, I’m just getting myself in trouble, I’ve got to keep that thing locked.”
Mrs. Higgins told the court, ‘I wasn’t ready to share, I played it out.’
In court, Ms Higgins said she “responded to his messages on autopilot, as if everything was fine.”
Ms Higgins previously told the court that she had put the dress she wore that night “untouched and uncleaned” in a plastic bag under her bed for six months.
She told the jury that once it was clear that she could not report the alleged attack without losing her job with Defense Secretary Linda Reynolds, she “washed the dress very symbolically.”
“I wore it one more time, but then I never wore it again,” she said.
But during the cross-examination of Lehrmann’s attorney Steven Whybrow, Ms Higgins was shown a photo of her wearing the same dress in May 2019 at Ms Reynolds’ birthday party in Perth.
Cross-examined by Lehrmann’s lawyer Steven Whybrow, Ms Higgins denied lying but admitted she made a mistake in her timeline of events.
The process continues.